Lynn
Henning said this week she is nowhere near giving up her
quest to keep her dogs.
"I'm
going to keep on as long as I can," Henning said
after county commissioners last week denied her request
for an exception to a county ordinance that sets a
three-dog limit unless the owner gets a kennel license.
"I may
get beaten down," she said, "but I won't get
totally beaten down without a fight."
Henning
said she is consulting with the law firm Webb, Stuckey
and Lindsey in hopes of challenging the ordinance in
court. She also has contacted area television stations to
publicize her fight, and hopes to attract other dog
lovers to the cause, possibly putting together a protest
organization.
"I
feel like I'm in Hootersville instead of
Fayetteville," she said, expressing her frustration
with the law.
"Everybody
in the county should obey the law," said
Commissioner Greg Dunn before the group denied Henning's
request during the commission meeting last week.
In response
to Henning's questions about how she can find a new home
for eight of her 11 dogs, Dunn said, "that's your
problem to dispose of your animals."
Commissioners
said the law would be useless if they made exceptions,
and Henning's request for a variance so she can have a
kennel at her home can't be considered either, they
added.
Kennels are
allowed as "conditional uses" in several zoning
categories, including the agricultural-residential zone
that Henning's Malone Road property is in. She also
operates Covered in Bloom, a wholesale flower business,
on the site, and maintains a butterfly house.
But the law
requires that kennel runs and shelters be at least 300
feet from residential property next door, a requirement
that county officials say Henning's property cannot meet.
And the law
is clear: variances are not allowed for conditional uses.
"We
are bound by the law to do this right," said
commission Chairman Harold Bost. "We cannot make an
exception for an individual."
Henning
also asked the commissioners to consider changing the law
so that homeowners could have more pets if they pay a fee
for each animal over three.
"I'm
personally not willing to throw the ordinance out the
door," said Bost. "It is there to keep down
nuisances."
"We've
got too many problems in the county," agreed
Commissioner Herb Frady. "People have big problems
with animals."
Henning
said this week that dozens of people throughout the
county are in violation of the ordinance, and it should
be changed. "It is appalling to me that a county of
this type would have an ordinance that is so antiquated
and dictates the right to enjoy your pets," she
said.
"It's
just incredible to me," she added.
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